IlllNOIS  HISTORICAL  SURVET 


l)ow  to  Celebrate 

''Jobti  marsball  Day/' 

February  4t  1901* 


I 


llUNQiS  HiSTGRiCAL  SURVEY 


'•The  g-overiiraetit  of  the  Union  is  emphatically 
and  truly  a  gfovernment  of  the  people.  In  form  and  in 
substance  it  emanates  from  them.  Its  powers  are  granted 
by  them,  and  are  to  be  exercised  directly  on  them,  and 
for  their  benefit." 

McCulloch  V.  Maryland,  4  Wheat.  404. 


Bibliography  of  John  Marshall  appears 
in  the  Appendix  page  11. 


HOW  TO  CELEBRATE 


"JOHN  MARSHALL  DAY" 


FEBRUARY  4,  190L 


Published  by  Direction  of  ihe  Executive  Committee 
of  tlie  Illinois  State  Bar  Association. 


fW3(.<J  m^  """^  ^"^  CELEBRATE  Sur  Oe^ 

"JOHN   MARSHALL   DAY." 


*'A  frequent  recurrence  to  the  fundamental  principles 
of  civil  g-overnment  is  absolutely  necessary  to  preserve  the 
blessinefs  of  liberty." 


NUMEROUS  inquiries  have  reached  the  writer  of  this 
pamphlet  as  to  the  object  of  "John  Marshall  Day," 
although  that  object  was  plainly  expressed  in  the  original 
proposition  submitted  to  the  Illinois  State  Bar  Associa- 
tion at  its  last  annual  session.  That  proposition  had  but 
one  object — the  commemoration  of  the  centennial  anni- 
versary of  the  day  when  John  Marshall  of  Virginia  took 
his  seat  as  Chief  Justice  of  the  United  States  at  Wash- 
ington, on  February  4th,  1801.  The  idea  was  and  is  to 
commemorate  this  smgle  day  as  a  purely  educational 
force  for  the  present  generation,  and  some  of  the  good 
results  expected  have  already  been  partially  attained. 

George  Ticknor  Curtis,  in  his  work  on  the  Constitu- 
tional History  of  the  United  States,  closes  his  preface  by 
saying :  ''Perhaps  some  future  Gibbon,  centuries  hence, 
will  write  the  'Decline  and  Fall  of  the  American  Repub- 
lic' Let  us  hope,  however,  that  in  the  meantime  some- 
thing will  be  done  for  the  welfare  of  mankind ;  that  some 
still  greater  improvements  will  have  been  made  in  the 
science  of  government  and  that  if  the  decadence  of  our 
institutions  must  be  recorded,  the  way  will  have  been  pre- 
pared for  better  ones  to  take  their  place." 

The  John  Marshall  movement  is  aimed  to  be  one  of 
the  instrumentalities  of  the  present  generation  of  lawyers 


4  How  to  Celebrate  ''John  Marshall  Day'' 

to  preserve  the  blessing  of  civil  government  in  the  United 
States.  So  far  as  the  legal  profession  may  be  a  factor 
in  this  matter,  every  effort  should  be  made  to  make  the 
occasion  the  means  of  treasuring  the  wisdom  of  Mar- 
shall's genius.  In  this  way  the  science  of  government 
which  he  helped  to  establish  will  be  made  permanent. 
The  American  and  English  press  have  to  a  large  extent 
discussed  the  important  part  which  Chief  Justice  Mar- 
shall assumed  and  carried  out  in  the  upbuilding  of  the 
American  Constitution,  by  an  interpretation  and  construc- 
tion which  gave  strength  and  harmony  to  the  Great 
Charter  of  American  liberty.  Since  this  movement 
started,  the  bench  and  bar  of  the  United  States  have  vied 
with  each  other  in  refreshing  their  recollections  of  Mar- 
shall, and  it  is  safe  to  say  that  more  is  now  known  of 
the  invaluable  work  of  the  great  American  jurist  than 
before. 

During  the  next  twelve  months  this  information,  so 
educational  and  far-reaching  in  its  mfluence,  will  have  a 
much  greater  audience.  The  entire  nation  will  have  the 
opportunity  to  start  the  century  with  a  new  reading  and 
estimation  of  the  national  heritage,  more  lasting  than  brass 
or  stone. 

HOW  TO  CELEBRATE  THE  DAY. 

Many  inquiries  from  earnest  and  zealous  men  have 
reached  me  as  to  how  to  celebrate  John  Marshall  Day. 
The  American  Bar  Association,  through  the  Hon.  W.  W. 
Howe,  has  stated  the  object  in  a  circular  address  which 
has  been  heralded  through  the  land  by  the  courtesy  of 
the  Associated  Press.  That  address  stated  in  part  as 
follows:  "The  American  Bar  Association  leaves  the 
execution  of  this  national  celebration  in  the  hands  of 
the    courts  and  the  public  bodies  named,  and  it  expresses 


How  to  Celebrate  ''John  Marshall  Day.''  5 

the  sincere  hope  that  the  celebration  be  national  in  its 
character  and  imposing  in  its  extent  and  fervor,  and  that 
it  may  have  the  hearty  support  of  the  secular  and  legal 
press  of  the  country."  The  public  bodies  named  are  the 
various  bar  associations  throughout  the  United  States. 
The  National  Committee  of  Forty-nine  (one  for  each 
State  and  Territory)  has  the  matter  in  charge,  and  plans 
are  being  perfected  to  carry  on  the  work  in  the  several 
localities.  The  object  of  this  paper  is  merely  suggestive 
in  this  direction  and  in  compliance  with  the  request  of 
the  Executive  Committee  of  the  Illinois  State  Bar  Asso- 
ciation, the  following  tentative  suggestions  for  the  pro- 
posed celebration  are  respectfully  submitted  to  the  public: 

PUBLIC    ASSEMBLY,   WITH    ORATION    DURING    THE 
DAY,  AND  BANQUET  IN  THE  EVENING. 

This  programme  Vvdll  be  generally  followed  as  the  most 
appropriate  one  for  the  proposed  celebration.  There 
may  be  incidental  exercises,  with  a  musical  programme, 
and  these  exercises  may  take  place  in  a  public  hall  or 
in  the  court  houses,  according  to  the  necessities  of  the 
particular  locality.  Some  of  the  Supreme  Courts  have 
arranged  for  a  meeting  of  the  bench  and  bar  at  the  State 
capitals,  some  in  conjunction  with  State,  city,  and  county 
bar  associations.  Where  the  courts  are  not  in  session 
an  observance  by  the  joint  action  of  bench  and  bar,  su- 
preme or  local,  may  be  had  as  a  volunteer  ofifer  to  the 
importance  of  the  day. 

The  great  orations  which  were  delivered  in  the  year 
of  the  Chief  Justice's  death,  in  1835,  that  of  Judge  Story 
before  the  Boston  bar,  and  that  of  Horace    Binney,*the 

honor*of  ?^John  Mtrs^hK^ay.'.'  ''^™'  ""'  P"'^''^^'  '^>'  ^^-"^  ^^''^^han  &  Co..  in 


6  How  to  Celebrate  ''John  Marshall  Day."" 

great  Philadelphia  lawyer  of  national  fame,  at  Philadelphia, 
present  authentic  information  to  the  orators  chosen  for 
the  day.  Since  then  the  orations  of  Joseph  Hopkins, 
delivered  March  3rd,  1837,  before  the  American  Philo- 
sophical Society,  reported  in  i  Brockenbrough ;  that  of 
Henry  Hitchcock,  of  Missouri  (1888)  (see  Appendix) ;  of 
Edward  J.  Phelps  (1S79)  before  the  American  Bar  Asso- 
ciation ;  of  Chief  Justice  Waite  and  William  W.  Rawle 
(1884)  at  the  unveiling  of  the  Marshall  monument  at 
Washington  (112  U.  S.  744-61);  of  General  John  C. 
Black  before  the  Illinois  State  Bar  Association  (1897) ; 
of  Hon.  John  B.  Cassoday,  Chief  Justice  of  the  Supreme 
Court  of  Wisconsm,  entitled,  "Jo^^^i  Marshall  and  John 
Scott"  (see  Appendix),  and  the  oration  of  Hon.  Isaac  N. 
Phillips,  of  Bloomington,  111.  (32  Chi.  Legal  News,  352; 
20  Nat.  Corp.  Rep.  640),  have  been  delivered  to  grateful 
and  appreciative  audiences.  These  orations  will  be  wel- 
come to  many  orators  and  may  be  profitably  read  to  audi- 
ences in  places  where  no  orator  can  be  procured.  * 


COMPLETE   BIOGRAPHICAL  NOTE    ON 
JOHN   MARSHALL. 

In  addition  to  the  information  above  mentioned,  the 
writer  of  this  paper  has  caused  a  bibliography  on  the  sub- 
ject of  John  Marshall  to  be  compiled,  v/ith  the  kind  assist- 
ance of  librarians  of  the  Chicago  Public  Library  and  the 
Library  of  Congress  at  Washington,  which  will  give  ready 
information  to  all  persons,  orators  and  students  in  regard 
to  the  life  work  of  the  Great  Chief  Justice.  This  bibliog- 
raphy is  printed  in  the  appendix. 

*Just  as  this  pamphlet  s^'oes  to  press,  Messrs.  T.  H.  Flood  &  Co.,  Publishers, 
Chicago,  inform  the  writer  that  in  honor  of  "John  Marshall  Day,"  they  are  about 
to  republish,  in  pamphlet  form,  the  proceedings  at  the  unveiling  of  the  Mai  shall 
monument  at  Washington,  including  the  orations  of  Chief  Justice  Waite  and  W 
W.  Rawle  (1884. ) 


How  to  Celebrate  "-John  Marshall  Day.'"' 


CELEBRATION  AT  THE  NATIONAL  CAPITAL. 

High  importance  is  naturally  to  be  attached  to  the 
proposed  celebration  at  the  city  of  Washington,  where 
it  is  hoped  that  the  Supreme  Court  will  have  a  joint  ses- 
sion with  Congress  (Senate  and  House),  the  occasion  to 
be  graced  by  the  President  of  the  United  States  and  his 
cabinet.  Hon.  Wayne  MacVeagh,  of  Philadelphia,  an 
orator  of  national  fame,  has  already  been  entrusted  with 
the  task  of  presenting  the  great  theme  of  John  Marshall. 
The  local  bar  association  of  the  District  of  Columbia  has 
this  matter  in  charge. 

But  this  celebration  at  the  capital  is  not  meant  to  lessen 
the  best  efforts  of  the  various  State  bar  associations  to 
have  centennial  exercises  in  their  various  State  localities. 
It  is  intended  to  be  the  lawyers'  day  in  every  part  of  the 
Union,  in  order  to  realize  the  full  extent  of  the  original 
proposition. 


COMMEMORATION  EXERCISES  BY  COLLEGES, 
UNIVERSITIES,  LAW  SCHOOLS,  ETC. 

One  of  the  original  suggestions,  which  has  already  been 
adopted  by  Yale  College,  was  to  interest  educational  in- 
stitutions in  the  proposed  celebration,  and  sufficient  en- 
couragement has  already  been  evinced  by  various  college 
presidents,  in  communications  to  the  writer,  to  warrant 
the  statement  that  general  interest  will  be  shown  in  this 
matter.  It  is  more  than  fitting  that  these  educational  in- 
stitutions dwell  with  emphasis  on  the  exalted  character 
of  John  Marshall  as  America's  great  expounder  of  the 
Constitution. 


8  How  to  Celebrate  '■'John  Marshall  Day." 

MEMORIAL  EXERCISES    IN    PUBLIC    SCHOOLS 
AND    ACADEMIES. 

This  suggestion  has  been  heartily  endorsed  and  encour- 
aged by  various  school  authorities  in  Wisconsin,  Missouri 
and  Alichigan  who  have  taken  the  matter  into  considera- 
tion. This  matter  can  be  furthered  by  application  to  the 
State  School  Superintendents  and  county  and  city  super- 
intendents to  aid  the  bench  and  bar  in  this  matter.  The 
schools  should  be  addressed  by  members  of  the  bar  desig- 
nated for  that  purpose  by  the  local  committees  and  the 
many  points  in  the  military  career  of  Marshall,  fully  stated 
in  the  address  of  Horace  Binney  of  Philadelphia,  repub- 
lished through  the  courtesy  of  Callaghan  &  Co.  of  Chicago, 
will  be  of  especial  interest  to  the  young  students. 


CLOSING  OF  THE  COURTS  AS  A  TESTIMONIAL 
TO  THE  DAY. 

One  of  the  means  suggested  to  give  emphasis  to  the 
celebration  is  the  closing  of  the  courts  to  secular  business 
and  this  necessarily  includes  the  closing  of  all  law  offices, 
which  fact  will  free  the  American  lawyer  from  profes- 
sional care  for  one  day,  which  itself  will  be  deemed  a  valu- 
able acquisition.  If  the  day  is  spent  in  the  contemplation 
of  the  great  period  of  State-builders  and  in  the  work  of 
Marshall's  contemporaries,  the  educational  influence  of 
the  celebration  will  be  immeasurable  in  its  efifect  on  the 
present  generation  of  men  in  whose  hands  as  a  profession 
all  the  essential  interests  of  government  have  been  con- 
fided by  the  American  people. 

It  is  suggested  that  on  Saturday  (or  some  other  day) 
preceding  Monday,  February  4th,  1901,  some  designated 


How  to  Celebrate  ''John  Marshall  Day.''''  9 

member  of  the  bar  will  appear  in  each  American  court 
house  and  move  the  court  in  writing  that  Monday,  Feb- 
ruary 4th,  1901,  be  observed  by  the  American  bench  and 
bar  as  "John  Marshall  Day,"  and  this  motion  may  be  ac- 
companied with  appropriate  remarks,  to  be  responded  to 
by  the  court,  the  whole  being  spread  of  record  as  a  lasting 
memorial  of  the  centennial  day.  The  designation  of  mem- 
bers of  the  bar  for  this  purpose  should  be  made  by  the  va- 
rious local  committees  having  the  celebration  in  charge. 


ORATORS  ON  "JOHN  MARSHALL  DAY." 
CENTENNIAL  VOLUME. 

It  is  the  special  desire  of  the  National  Committee  that 
orators  should  be  chosen  from  different  localities,  in  order 
to  give  the  celebration  a  national  character.  It  is  also 
suggested  that  invitations  be  forwarded  at  once,  in  order 
that  the  orators  may  have  ample  time  to  prepare  for  the 
centennial  work.  It  is  most  likely  that  a  centennial  volume 
will  be  authorized  by  the  American  Bar  Association,  in 
which  the  great  celebration  will  be  detailed  and  at  least 
some  of  the  orations  will  be  republished  in  that  form. 

CONCLUSION. 

In  asking  for  the  recognition  of  "John  Marshall  Day," 
we  appeal  to  the  patriotism  and  the  intelligence  of  the  great 
profession,  which,  since  the  era  of  civilization,  has  been 
charged  with  the  duty  of  guarding  the  liberties  and  the 
rights  of  property  of  the  people,  and  which,  among  its  en- 
nobling ideals,  treasures  the  memory  of  the  Great  Chief 
Justice,  who  so  successfully  labored  in  his  high  office  to 
preserve  the  rights  of  the  nation,  as  well  as  of  the  States 
in  blended   harmony,   and   who   taught   us    to   appreciate 


10         How  to  Celebrate  ''John  Marshall  Day.^^ 

what  was  aptly  expressed  by  one  of  his  successors  as  "an 
indestructible  Union  of  indestructible  States." 

"Marshall's  fame,'"  said  Judge  Story,  "will  flow  on  to 
the  most  distant  ages.  Even  if  the  Constitution  of  this 
country  should  perish,  his  glorious  judgments  will  still 
remain  to  instruct  mankind  until  liberty  shall  cease  to  be 
a  blessing  and  the  science  of  jurisprudence  shall  vanish 
from  the  catalogue  of  human  pursuits." 
Respectfully  submitted, 

ADOLPH  MOSES. 

Chicago,  July,  1900. 


APPENDIX. 


BIBLIOGRAPHY. 
No  attempt  has  been  made  to  include  Biographical  Dictionaries, 
Encyclopedias  or  Works  of  Reference.  John  Marshall  is  referred 
to  in  all  biographies  of  his  contemporaries,  to  which  the  student 
and  general  reader  are  referred.  If  important  omissions  have 
been  made,  the  compiler  begs  to  be  informed  thereof. 

JOHN  MARSHALL  (Author). 

MARSHALL,   JOHN.      (1755-1835.) 

Expediency  of  Direct  Taxation;  speech,  June  10th,  1788.  (Li- 
brary of  Amer.  Lit.     1888.     v.  4,  p.  58-59.) 

The  Federal  Constitution;  speech  in  the  Robbins  case  (pre- 
ceded by  a  biographical  notice).  (Moore,  F.  Amer. 
Eloquence.    1876.    v.  2,  p.  7-32.) 

A  History  of  the  Colonies  Planted  by  the  English  on  the 
Continent  of  North  America.  Philadelphia,  1824.  pp.  486. 
Originally  pub.  as  Introd.  to  the  Life  of  Washington. 
Reviewed,  with  sketch  of  public  life  and  services  of  Mar- 
shall, by  Joseph  Story,  in  N.  A.  Rev.,  26,  1-40. 

Letters.  (Story,  J.,  Life  and  Letters.  1851.  v.  1,  p.  505;  v. 
2,  p.  135,  150  and  172.) 

Letters  of  John  Mra'shall  When  Envoy  to  France.  (Amer. 
Histor.  Rev.     v.  2,  p.  294-306.) 

Letters  and  Correspondence  on  French  Treaty,  1797.  Am. 
State  Papers,  1797-1801,  pp.  219-260. 

Life  of  George  Washington.  Philadelphia,  1804-07.  5v.,  por- 
trait. 8o — 2nd  ed.,  rev.  and  cor.  Philadelphia,  1832.  2v. 
and  vol.  of  maps;  portrait.  8o.  Revised.  Het  leven 
van  George  Washington  (Dutch).  1333.  Haarlem,  1805- 
09.  lOv.  8o.  Vie  de  George  Washington  (French). 
Paris,  1807.  v.  8o.  Iv.  Plates.  George  Washington's 
I.iebensbeschreibung  (German).     Hamburg.  1S05.    2v.     8o. 

Opinion  of  Chief  Justice  Marshall  in  the  Case  of  Garnett, 
Executor  of  Brooke  vs.  Macon,  et  al.,  reported  by  Joseph 
Tate.     Richmond,  Va.,  1827.     8o. 

Opinion  of  the  Supreme  Court  of  the  U.  S.,  by  Mr.  Chief 
Justice  Marshall,  in  the  case  of  S.  A.  Worcester  vs.  The 
State  of  Georgia.  Washington,  1832.  pp.  20.  8o.  Another 
ed.  of  the  same  pub.  in  the  same  year,  pp.  39. 

Reports  of  cases  decided  by  the  Hon.  J.  Marshall,  in  the 
Circuit  Court  of  the  U.  S.  for  the  District  of  Virginia  and 
N.  Carolina  from  1802  to  1833,  inclusive,  ed.  by  John  W. 
Brockenbrough  (with  a  memoir  by  J.  Hopkinson).  Phil- 
adelphia, 1837.     2v.     8o.     (I.  McLean  Repts.,  555.) 

Opinions  in  U.  S.  Reports,  1801-1835. 

Opinion  in  Aaron  Burr  Trial,  4  Cranch.  U.  S.  Rep.  472. 


12  Appendix. 

Opinions  of  the  late  Chief  Justice  of  the  United  States,  con- 
cerning freemasonry.     (Boston  ?,  1840).    4  pp.    8o. 

Speech  delivered  in  the  House  of  Representatives  on  the 
resolutions  of  E.  Livingston,  relative  to  T.  Nash,  alias 
J.  Robbins.  Philadelphia,  1800.  12o.  (See  also  appendix 
to  5  Wheaton  Rep.,  pp.  3-32.) 

Speeches  in  the  Constitutional  Convention,  1789.  3  Elliot's 
Debates.  222,  419,  5.51. 

Writings  of  John  Marshall,  late  Chief  Justice,  upon  the  Fed- 
eral Constitution.  Boston,  1839.  pp.  730.  8o.  Repub- 
lished.   Washington,  1890.    pp.  725. 

Authentic  copies  of  the  correspondence  of  C.  C.  Pinckney, 
John  Marshall  and  E.  Gerry,  envoys  extraordinary  to 
the  Republic  of  France,  as  presented  to  Congress,  Apr. 
3,  1798,  London,  1798.     pp.  78.    8o. 


JOHN  MARSHALL    (Subject). 

ALLIBONE.— Dictionary  of  Authors  (article),  John  Marshall. 

BARNES,  WILLIAM  H.— The  Supreme  Court  of  the  U.  S.  1877. 
p.  35.    Portrait. 

BARRB,  W.  L. — John  Marshall.  In  "Lives  of  Illustrious  Men  of 
America."    Cincinnati,  1859.,  pp.  426-452. 

BATEMAN,  H. — Biographies  of  250  distinguished  national  men. 

BENTON,  THOMAS  H.— Death  of  Chief  Justice  Marshall.  (In 
Thirty  Years'  View.    1854.    v.  1,  p.  681.) 

BINNEY,  HORACE. — An  eulogy  on  the  life  and  character  of  John 
Marshall,  Chief  Justice.  Philadelphia,  1835.  pp.  70.  8o.  Re- 
viewed in  New  York  Rev.,  v.  4,  p.  328.  Republished  in  honor 
of  John  Marshall  Day,  by  Callaghan  &  Company.  Chicago, 
1900.     pp.    52. 

BLACK,  JOHN  C— Oration  Before  the  Illinois  State  Bar  Asso- 
ciation.    1897. 

BRADLEY,    JOSEPH    P.— Saint    Memin's    portrait   of    Marshall. 
(Century  Mag.,  v.  16,  p.  778-781.) 
In  a  note:  list  of  all  known  portraits  of  Marshall. 

BROCKENBROUGH,  JOHN  W.— Reports  of  Cases  decided  by  the 

Hon.  J.  Marshall,  see,  ante:  John  Marshall  (author). 
CARSON,  HAMPTON  B.— The  Supreme  Court  of  the  U.  S.  Cen- 
tennial.    Volume  (Art.  John  Marshall).     Phil.  1891. 
CARSON,    H.   B.— Biographical   sketch    of   John   Marshall.      The 
Supreme  Court  of  the  United  States,  pp.  195-227.     Philadel- 
phia, 1891.     Second  edition,  Philadelphia,  1892. 

CASSODAY,  JOHN  B.— Chief  Justice  Supreme  Court,  Wis.— 
John  Marshall  and  Lord  Eldon  Compared.     1900. 

COOKE,  JOHN  E.— Early  days  of  John  Marshall.  (Historical 
Mag.,  V.  3,  p.  165-169.) 

CRAIGHILL,  R.  T.— The  Virginia  "Peerage;"  v.  1,  pp.  229,  284.. 
Richmond,  1880. 

CURTIS,  WILLIAM  E. — The  seven  chief  justices  of  the  U.  S. 
(Chautauquan..  v.  25,  p.  339-347.) 

FLANDERS.  HENRY.— John  Marshall.  (Lives  of  the  Chief  Jus- 
tices. 1875.  V.  2,  p.  277-550.) 


Appendix,  13 

GRISWOLD,  RUFUS  W.— John  Marshall.  (Sketch,  with  extracts 
from  the  Life  of  Washington).  (Prose  writers  of  America.) 
(1870.)     p.  85-89. 

GRISWOLD,  RUFUS  W.— Marshall.  (Homes  of  Amer.  States- 
men.    1857.     p.  263-274.) 

GOODE,  JOHN.— Annual  Address  Va.  State  Bar  Ass'n.     (1899.) 

HARDY,  (MRS.)  SALLIE  E.  M.— Chief  Justice  Marshall.  (Green 
Bag,  V.  3,  p.  541-542.)  Portrait. 

HARDY,  (MRS.)  SALLIE  E.  M.— John  Marshall  (with  3  por- 
traits).    (Green  Bag,  v.  8,  p.  479-492.) 

HARDY,  (MRS.)  SALLIE  E.  M.— John  Marshall.  (Green  Bag, 
V.  10,  p.  22.) 

HARDY,  (MRS.)  SALLIE  E.  M.— The  will  of  a  great  lawyer. 
(Green  Bag,  v.  8,  p.  4-6.) 

HARLAND,  MARION.— Old  Colonial  Homesteads,  (Art.)  John 
Marshall,  84. 

HITCHCOCK,  HENRY.— Constitutional  development  in  the  U. 
S.  as  influenced  by  Chief- Justice  Marshall.  (Cooley,  T.  M. 
and  others.     Const.  History  of  the  U.  S.     1889.     p.  53-121.) 

HOPKINSON,  JOHN.— Memoir  of  John  Marshall.  (Brocken- 
brough,  J.  W.  Reports  of  cases  decided  by  John  Marshall. 
(1837.) 

HOUGHTON,  WALTER  R.— John  Marshall.  (Kings  of  fortune. 
1888.     p.  437-456.) 

KENNEDY,  WILLIAM.— Life  of  Wirt.     Vol.  1,  pp.  161-206. 

MAGRUDER,  JOHN  B.— John  Marshall.  Boston,  1885.  pp.  290. 
12o.  Reviewed  by  Melville  Fuller  in  the  Dial,  v.  6,  p.  10.  and 
reprinted  in  same,  v.  9,  p.  128. 

PAULDING,  W.  I. — A  contribution  to  history.  (Marshall's  can- 
didacy for  Congress,  incl.  a  letter  from  him  to  J.  K.  Pauld- 
ing.)    (Lippincott's  Mag.,  v.  3,  p.  623-626.) 

PHELPS,  EDWARD  J.— Chief  Justice  Marshall  and  the  consti- 
tutional law  of  his  time;  address.  Philadelphia,  1879.  8o. 
2  Am.  Bar  Ass'n  Repts,  174. 

PHILLIPS,  ISAAC  N.— Oration  Before  the  Chicago-Kent  College 
of  Law.  1900.  32  Chi.  Legal  News,  352;  20  Nat.  Corp.  Rep., 
640. 

POTTER,  CLARKSON  N.— Marshall  and  Taney.  (Amer.  Bav 
Ass'n   Rep.   1881,   p.   175.) 

RAWLE,  WILLIAM  H.— Unveiling  of  the  statue  of  Chief  Jus- 
tice Marshall  at  Washington,  May  10th,  1884;  Oration.  Phil- 
adelphia, 1884.  pp.  31.  4o.  (112  U.  S.  Repts.  Appendix,  744- 
761.)    Gov't  Print.  1884,  92  pp. 

SCOTT,  H.  W.— DistiLguished  American  lawyers,  pp.  537-544. 
New  York,  1891. 

STORY,  JOSEPH.— A  discourse  pronounced  on  the  15th  Oct., 
1835,  on  the  life,  character  and  services  of  Chief  Justice 
John  Marshall.     Boston,  1835.    8o. 

STORY,  JOSEPH.— (Same.)  (Story,  J.  Misc.  writings.  1852. 
p.  639-697.)  Review  by  G.  S.  Hillard  in  N.  A.  Rev..  43,  217; 
also  N.  Y.  Rev.,  4,  328. 
STORY,  JOSEPH.— John  Marshall.  (Story,  J.  Life  and  Letters, 
by  his  son.  1851.  v.  1,  p.  166,  521;  v.  2,  p.  203,  and  passim 
throughout  the  two  vol.) 


14  Appendix. 

SHIRLEY,  JOHN.— The  Dartmouth  College  Case. 

VAN  SANTVOORD,  GEORGE.— John  Marshall.     (Sketches  of  the 

lives  of  the  Chief  Justices.     1882.     p.  337-522.) 
WAITS,  MORRISON  R.— Chief  Justice.— Unveiling  of  the  Statue 
of   Chief  Justice  Marshall  at  Washington,   May   10th,   1884; 
Oration,  Philadelphia,   1S84.     pp.   31.     4o.      (112  U.   S.  Repts. 
Appendix,  744-761.)    Gov't  Print,  1884,  92  pp.    To  be  reprinted 
"by  T.  H.  Flood  &  Co.,  Chicago,  1900. 
JOHN  MARSHALL.— (Amer.  Law  Rev.,  v.  1,  p.  432-441.) 
JOHN  MARSHALL.— (Duyckinck,   E.   A.   National    Portrait  Gal. 

1864.    V.  1,  p.  355-363.)     Portrait. 
JOHN  MARSHALL.— (Duyckinck,  E.  A.  &  G.  L.     Cycl.  of  Amer. 

Lit.  1855.  v.  1,  p.  404-407.)  Portrait. 
JOHN   MARSHALL.— (Longacre   &   Herring.     National   Portrait 
Gal.     1834.     V.  1.)     Portrait. 

Obituary  Proceedings  1  McLean  Reps.  555.  id.  30  Fed.  Cas.  1323. 

Obituary  Proceedings  in  U.  S.  Supreme  Court,  10  Peters  Repts. 
VII. 

Biographical  Notice,  30  Fed.  Cas.  1385. 

Henry  Hitchcock,  Const.  History  of  U.  S.  (1889)  56-117. 

Chief  Justice  Wait's  Address,  112  U.  S.  744-48. 

Senate  Rep.  544.  1  Sess.  48  Congress. 

Marshall's  Opinions,  James  Monroe  &  Co.,  Boston. 

3  Jefferson's  Corresp.  434. 

Von  Hoist's  Const.  History  U.  S.  Vol.  1. 

The  British  Spy,  178-181,  by  William  Wirt. 

Robbins'  Case,  Wharton's  State  trials,  443. 

Proposition  for  the  Celebration  of  "John  Marshall  Day,"  Sub- 
mitted to  the  Illinois  State  Bar  Association  by  Adolph  Moses, 
Chicago.  Vol.  18,  Nat.  Corp.  Rep.,  669;  (See  also  pamphlet  issue 
of  same.) 

Correspondence  on  the  Subject  Endorsing  the  Celebration. 
(19  Nat.  Corp.  Rep.  7,  716,  761,  836,  876  and  908.) 

"John  Marshall  Day"  Information,  Running  Numbers  of  the 
Nat.  Corp.  Rep.    Commencing  18  Nat.  Corp.  Rep.  713  et  seq. 

Justice  Chase's  Impeachment  Trial,  by  J.  Harry  Chesley,  Clay- 
mont,  Del.     (19  Nat.  Corp.  Rep.  626.) 

Story's  Tribute  to  Chief  Justice  Marshall  Before  His  Death. 
(19  Nat.  Corp.  Rep.  471.) 

Speech  of  John  Marshall  on  the  Death  of  Washington.  (19 
Nat.  Corp.  Rep.  544.) 

Judge  Peter  S.  Grosscup  on  John  Marshall.  (19  Nat.  Corp. 
Rep.  593.) 

Chief  Justice  Marshall  at  the  Burr  Trial  (by  Adolph  Moses,  19 
Nat.  Corp.  Rep.  865.) 

Address  of  American  Bar  Association  on  "John  Marshall  Day." 
(19  Nat.  Corp.  Rep.  829.) 

Incorporation  of  John  Marshall  Memorial  Association,  Vir- 
ginia.    (20  Nat.  Corp.  Rep.  45.) 

".rohn  Marshall  Day"  in  the  State  of  Oregon,  by  Charles  H. 
Carey  of  Portland.     (20  Nat.  Corp.  Rep.  46.) 

George  Wythe,  Law  Teacher  of  Chief  Justice  Marshall.  (20 
Nat.  Corp.  Rep.  80.) 


Appendix.  15 

Marshall's  Military  Honors  in  War  and  in  Peace,  by  J.  Harry 
Chesley,  of  Claymont,  Del.   (20  Nat.  Corp.  Rep.  116.) 

The  Ancestry  of  Chief  Justice  Marshall,  by  J.  Harry  Chesley. 
Claymont,  Del.  (20  Nat.  Corp.  Rep.  550.) 

Address  on  John  Marshall,  by  Isaac  N.  Phillips,  Blooming- 
ton,  111.,  1900.  (20  Nat.  Corp.  Rep.  640.)  (See  pamphlet  edition 
by  author.) 

Articles  on  "John  Marshall"  in  vol.  2,  Jones'  Index  to  Legal 
Periodicals. 

"John  Marshall,  LL.  D.,  Chief  Justice  of  the  United  States," 
1  Current  Comment,  213,  253. 

"The  Will  of  a  Great  Lawyer" — How  Chief  Justice  Marshall 
devised  his  estate" — 8  Green  Bag  4. 

"John  Marshall" — 1  Chicago  Law  Times  109. 

"Chief  Justice  Marshall" — 22  American  Law  Review  706. 

Same  article — 86  Law  Times  175. 
"John   Marshall,"   20  111.   State  Bar  Asso.  Reports,   1896,   Part 
2,  25. 

Same  article — 54  Albany  Law  Journal  55. 
Same  article— 101  Law  Times  393.  411. 
Same  article — 28  Chicago  Legal  News  380. 
Same  article — 4  American  Lawyer  402. 
"John  Marshall,"  33  Amer.  Law  Register  (N.  S.)  426. 
"Jefferson's   contempt  of   Chief  Justice   Marshall's   opinions — 
Presidential  Review  of  the  great  case  of  Marbury  v.  Madi- 
son— Burr's  subpoena  duces  tecum" — 44  Albany  Law  Jour- 
nal 342. 
History  of — 5  Law  Students'  Helper  321.     Eulogy — 16  Hazard's 
Register  289. 


"John  Marshall." 

1  Chicago  Law  Times  109. 

3  Green  Bag  541. 

4  American  Lawyer  402. 
22  Am.  Law  Rev.  706. 

8  Green  Bag  4,  479. 
1  Current  Comment  213,  253. 
86  Law  Times  175. 
33  Am.  Law  Reg.  (N.  S.)  426. 
13  Alb.  Law  Jour.  442. 
1  Am.  Law  Reg.  432. 
2  Washington  Repts.  9. 
Address  on — 7  Chicago  Law  Jour.  553. 
Biography  of — Vol.  2  Pamphlets. 

Jefferson's  contempt  for  opinions  of — 44  Alb.  L.  J.  342. 
Death  of — 14  American  Jurist  240. 

Eulogy  of — Judge  Story  (part),  14  American  Jurist  448. 
Eulogy  of — Binney  (part),  14  American  Jurist  462. 
John  Marshall,  the  statesman — 1  U.  S.  Jurist  7. 
John  Marshall,  the  chief  justice — 1  U.  S.  Jurist  10. 
Chief  Justice  Marshall — 1  Washington  Law  Rep.  136. 
Influence  of  Virginia  in  the  Formation  of  the  Federal  Con- 
stitution, 7  Va.  State  Bar  Ass'n.  Rep.  175  (1895.) 


16  Appendix. 

Address  on  life  of,  by  Professor  Parsons— 2  Bench  and  Bar  289. 
Same  article — 2  Alb.  Law  Jour.  126. 

Characteristics  of,  by  Randall  M.  Bwing— 3  Tennessee  Bar  As- 
sociation Repts.  135. 

Trial  of  Aaron  Burr,  by  Wm.  Wirt  Henry,  10  Va.  Bar  Ass'n. 
Repts.  239. 

John  Marshall,  by  Proctor,  60  Albany  Law  Journal  230. 

Const.  Law,  by  I.  J.  Hare  (see  Index),  2  volumes. 

Also  the  following  brief  references: 

American  Almanac.     1836.     p.  135. 

Appel,  T.     Recollections  and  life  at  Marshall  College.     1886. 

Barnes,   Albert.     Misc.   essays   and  reviews.     1855.     v.   2,  p. 

193,  etc. 
Encyclopaedia  Americana;  supplementary  vol.    1858.    p.  431- 

433. 
Howe,  Henry.    Virginia  Histor.  Collections.    1856.    p.  238,  etc. 
Lieber,  Francis.     Manual  of  political  ethics.     1839.     v.  2,  p. 

283. 
Martineau,  Harriet.     Retrospect  of  western  travel.    1838. 
Meade,   William.      Old    churches,   ministers   and    families    of 

Virginia.    1872.    v.  2,  p.  216  and  passim. 
Murray,  Charles  A.     Travels  in  North  America.     1839.     v.  1, 

p.  158. 
Tuckerman,  W.  T.  Sketch  of  Amer.  Lit.     (In  Shaw,     T.   B. 

English  literature.     1868.     p.  490.) 
Tuckerman,  W.  T.    (same)    rewritten  by  T.  J.  Backus.      (In 

same.     1884.    p.  438.) 
Sharswood,  George.     Professional  ethics.    1854.    p.  102. 
Webster,  Daniel.    Private  correspondence.    1857.    v.  2,  p.  244. 
Wirt,  William.    Letters  of  the  British  Spy.    1841. 


And  the  following  periodicals: 

American  Jurist,  v.  22,  p.  247;  American  Quarterly,  v.  18, 
p.  473;  Christian  Review,  v.  1,  p.  83;  Dennie's  Portfolio, 
V.  13,  p.  1;  Edinburgh  Review,  v.  for  Oct.,  1808;  Harper's 
Mag.,  V.  65,  p.  771;  National  Quarterly,  v.  33,  p.  229;  New 
England  Mag.,  old  ser.,  v.  9,  p.  151;  New  Eng.  Mag.,  new 
ser.,  V.  20,  p.  527;  American  Review,  v.  1,  p.  331;  v.  5, 
p.  115;  v.  10,  p.  89;  v.  13,  p.  79;  v.  17,  p.  148  and  167; 
V.  18,  p.  90;  V.  19,  p.  277  and  287;  v.  20,  p.  444  and  453; 
V.  21,  p.  128;  V.  22,  p.  259;  v.  26,  p.  1;  Reformed  Quar- 
terly, V.  34,  p.  428. 

"John  Marshall  Day,"  By  Adolph  Moses  (Correspondence  with 
prominent  judges  and  lawyers   (pamphlet)  )  1899. 

"How  to  Celebrate  'John  Marshall  Day,'  "  and  Bibliography  on 
the  Subject  of  John  Marshall,  by  Adolph  Moses.  Printed  by  Di- 
rection of  The  Illinois  State  Bar  Association.     (Pamphlet)  1900. 

Chicago,  1900. 


"JOHN  MARSHALL  DAY"   COMMITTEES. 


COM.MITTKK  OF  AMERICAN  BAK  ASSOCIATION 
ON  -JOHN  MARSHALL  UAY.  " 

W^IIiLIAM  W^IBT  HOWE,  Chairman. 

Alabama,     Thomas    N.     McClellan,     Montgom- 
ery. 
Arizona,   E.    E.   EUinwood,    Flagstaff. 
Arkansas,    M.    M.    Cohn,    Little   Rock. 
California,    D.    L.   Withington,   San   Diego. 
Colorado,  Hugh  Butler,   Denver. 
Connecticut,   Simeon  E.   Baldwin,   New  Haven. 
Delaware,    Anthony   Higgins,   Wilmington. 
District  of  Columbia,  Henry   E.    Davis,   Wash- 
ington. 
Florida,    R.   W.   Williams,   Tallahassee. 
Georgia,    Burton   Smith,    Atlanta. 
Idaho,   William   W.    Woods,    Wallace. 
Illinois,   Adolph   Moses,   Chicago. 
Indiana,    William  A.   Ketcham,    Indianapolis. 
Indian    Territory,    J.    W.    McDoud,    South    Mc- 

Alester. 
Iowa,    A.   J.    McCrary,   Keokuk. 
Kansas,   John  D.   Milliken,   McPherson. 
Kentucky,    William    Lindsay,    Frankfort. 
Louisiana,  W.  W.  Howe,   New  Orleans. 
Maine,    C.    F.    Libby,    Portland. 
Maryland,    John    S.    Wirt,    Elkton. 
Massachusetts,    M.    F.    Dickinson,   Jr.,    Boston. 
Michigan.    W.    L.    January,    Detroit. 
Minnesota,   Hiram  F.    Stevens,   St.    Paul. 
Mississippi,   R.    H.   Thompson,   Jackson. 
Missouri,    S.    P.    Spencer,    St.   Louis. 
Montana,  J.   U.   Sanders,   Helena. 
Nebraska,    Carroll   S.    Montgomery,   Omaha. 
Nevada   (no  member  in  Association). 
New    Hampshire,    Joseph    W.     Fellows,     Man- 
chester. 
New   Jersey,    R.    W.    Parker,    Newark. 
New  Mexico,  Henry  L.  Warren,  Albuquerque. 
New   York,    John   S.    Wise,    New   York. 
Nortfi    Carolina,    John   L.    Bridgers,    Tarboro. 
North  Dakota,  J.   H.   Bosard,  Grand  Forks. 
Ohio,   H.    C.  Ranney,  Cleveland. 
Oklahoma,   Henry  E.    Asp,    Guthrie. 
Oregon,  Charles  H.  Carey,  Portland. 
Pennsylvania,    S.    P.    Wolverton,   Sunbury. 
Rhode  Island,  Amasa  M.  Eaton,  Providence. 
South  Carolina,   George   Lamb   Buist,    Charles- 
ton. 
South  Dakota,    Bartlett  Tripp,    Yankton. 
Tennessee,   Edw.    Baxter,   Nashville. 
Texas,   F.   C.  Dillard,   Sherman. 
Utah,   Richard  B.   Shepard,    Salt  Lake. 
Virginia,    Jackson    Guy,    Richmond. 
Vermont,    Elihu  B.    Taft,   Burlington. 
W'ashington,  C.  H.   Hanford,   Seattle. 
W^est   Virginia,    W.  W.   Van  Winkle,    Parkers- 
burg. 
Wisconsin,    R.    M.    Bashford,    Madison. 
Wyoming,    Nellis   E.    Corthell,    Laramie. 


COMMITTEE,  ILLINOI.S 
STATE  BAR  A.sSOCIATlON. 

FOB  CHICAGO. 
Azel    F.    Hatch, 
E.   B.    Sherman, 
Wm.   S.  Forrest, 
Axel   Chytraus 
James   B.    Bradwell, 
E.   P.  Prentice, 
George  W.   Miller, 
E.   A.   Otis, 
W.  J.   Calhoun, 
Jacob   Newman, 
Merrltt   Starr, 
Thomas    Taylor,     Jr. 

FOR  THE    STATE. 

Lester   H.    Strawn, 

Ottawa. 
Lewis   B.    Parsons, 

Flora. 
George  A.   Lawrence, 

Galesburg. 
W.   A.   Northcott, 

Greenville. 
George   A.    Sanders, 

Springfield. 
Charles   Dunham, 

Oeneseo. 
Samuel  L.    Dwight, 

Centralia. 
William   M.   Provine, 

Taylorville. 
E.     B.     Hamilton, 

Quincy. 
C.    W.    Raymond, 

Watseka. 

COMMITTEE,  CHICAGO    BAR 
ASSOCIATION. 

Adolph   Moses,    Chairman. 
Thomas    A.    Moran, 
John   H.   Hamline, 
Judge  Jesse  Holdom, 
Robert  Mather, 
Charles    H.    Aldrich, 
Horace  K.   Tenney. 

COMMITTEE,     COMMERCIAL 
LAW  LE.MiUE  OF  AMERICA. 

Albert    N.    Eastman, 

Chairman,     Chicago. 
E     M.    Baillett, 

Omaha,    Neb. 
J.   S.   Leisenrig, 

Altoona,    Pa. 
Geo.    S.    Hull, 

Buffalo,    N.    Y. 
George   Clapperton, 

Grand    Rapids,    Mich. 
L.    M.    Merchant, 

Binghamton,    N.    Y. 


ADDRESS  OF  THE   NATIONAL  COMMITTEE  OF  THE  AMERICAN 

BAR  ASSOCIATION  ON   "JOHN  HARSHALL   DAY." 

To  the  Bench  and  Bar  of  the  United  States.    New  Orleans,  February  4,  1900. 


By  direction  of  the  American  Bar  As- 
Bociation,  a  committee  composed  of  one 
member  from  each  state  and  territory, 
and  from  the  District  of  Columbia,  has 
been  appointed  by  the  association  in  ref- 
erence to  the  proposed  celebration  of 
"John  Marshall  Day,"  to  take  place  on 
Monday,  Feb.  4,  1901,  being  the  first  cen- 
tennial of  the  installation  of  that  emi- 
nent jurist  as  Chief  Justice  of  the  United 
States.  _  A  commemoration  of  this  event, 
and  of  the  splendid  career  of  Marshall 
in  the  great  office  which  he  adorned  for 
more  than  thirty-four  years,  cannot  fail 
to  be  an  occasion  of  profound  interest 
and  importance  to  the  American  bench 
and  bar.  Soldier,  student,  advocate,  di- 
plomatist, statesman,  and  jurist — he  was 
one  of  the  finest  types  of  American  man- 
hood in  its  best  estate.  His  fame  Is  the 
heritage  of  the  nation,  and  it  is  befitting 
that  thg  whole  country  should  celebrate 
the  appointed  day. 

In  the  language  of  Judge  Story,  when 
voicing  the  sentiments  of  the  great  court 
on  the  official  announcement  of  Mar- 
shall's death,  "his  genius,  his  learning, 
and  his  virtues  have  conferred  an  im- 
perishable glory  on  his  country,  whose 
liberties  he  fought  to  secure,  and  whose 
institutions  he  labored  to  perpetuate. 

He  was  a  patriot  and  a  statesman  of 
spotless  integrity  and  consummate  wis- 
dom. The  science  of  jurisprudence  will 
forever  acknowledge  him  as  one  of  its 
greatest  benefactors.  The  Constitution 
of  the  United  States  owes  as  much  to  him 
as  to  any  single  mind,  for  the  founda- 
tions on  which  it  rests,  and  the  exposi- 
tions by  which  it  is  to  be  maintained; 
but,  above  all,  he  was  the  ornament  of 
human  nature  itself,  in  the  beautiful  Il- 
lustration which  his  life  constantly  pre- 
sented of  its  most  attractive  graces  and 
most  elevated  attributes." 

The  committee  has  been  charged  with 
the  duty  of  publishing  this  address  to 
the  legal  profession  of  the  United  States; 
also,  with  the  further  duty  of  preparing 
suggestions  for  the  observance  of  the 
day  on  the  part  of  the  State,  city,  and 
county  bar  associations  and  other  public 
bodies  in  the  United  States. 


The  committee  was  also  charged  with 
the  duty  of  requesting  the  good  offices  of 
the  President  of  the  United  States,  in 
recommending  to  Congress  the  propriety 
of  observing  "John  Marshall  Day"  on  the 
part  of  Congress  and  other  departments 
of  the  government  of  the  United  States, 
and  of  memorializing  Congress  to  ob- 
serve befitting  ceremonies  in  honor  of  the 
great  Chief  Justice, 

It  is  proposed  that  commemoration 
services  be  held  at  the  national  capital, 
under  the  direction  of  the  Supreme  Court 
of  the  United  States,  with  the  aid  and 
support  of  the  co-ordinate  branches  of 
the  government. 

It  is  also  expected  that  the  day  will 
be  properly  observed  on  the  part  of  all 
State  and  national  courts,  by  the  cessa- 
tion of  judicial  business,  and  that  all 
State,  city,  and  county  bar  associations 
participate  in  proper  exercises  in  such 
manner  as  to  them  shall  seem  most  ap- 
propriate. 

Similar  ceremonies  are  recommended 
to  be  held  in  all  American  colleges,  law 
schools,  and  public  schools,  to  the  end 
that  the  youth  of  our  country  may  be 
made  more  fully  acquainted  with  Mar- 
shall's noble  life  and  distinguished  ser- 
vices. 

The  American  Bar  Association  leaves 
the  execution  of  this  national  celebra- 
tion in  the  hands  of  the  courts  and  the 
public  bodies  named,  and  the  committee 
expresses  the  sincere  hope  that  the  cele- 
bration be  national  in  its  character  and 
imposing  in  its  extent  and  fervor,  and 
that  it  may  have  the  hearty  support  of 
the  secular  and  legal  press  of  our  coun- 
try. 

The  active  co-operation  of  the  respec- 
tive Vice  Presidents  and  members  of  lo- 
cal councils  appointed  by  the  associa- 
tion, with  the  respective  members  of  the 
national  committee,  is  respectfully  re- 
quested and  expected. 

On  behalf  and  by  authority  of  the  Na- 
tional Committee. 

WILLIAM  WIRT  HOWE, 
ADOLPH  MOSES,  Chairman. 

Secretary. 


1 


m-P' 


UNIVERSITY  OF  ILLINOIS-URBANA 

BIVI368IVI0  C001 

HOW  TO  CELEBRATE  JOHN  MARSHALL  DAY    CM 


3  0112  025407724 


